Do I Need a Real Estate Attorney?

Whether you’re buying, selling, or renting, real estate transactions can be complicated. With multiple factors to consider and legal processes involved, including zoning laws, deed and title searches, insurance plans, inspections, and escrow accounts, making a mistake or missing a step could really damage your deal. Add in the fact that buying a home or land is usually one of the most expensive purchases you’ll ever make, and you have little room for error.

That’s why many people turn to real estate attorneys when dealing with property issues. An experienced real estate attorney will have more knowledge about the laws that apply to you and can help protect your legal rights and real property. They’ll be able to check your documents and contracts to make sure they’re valid and secure, help you manage the financial processes that touch upon the law, and could represent you in court if any issues make that necessary.

Five Reasons You May Need to Speak With a Real Estate Attorney

1. You’re buying a building or office space for your business. A real estate attorney can review the terms of the contract and negotiate any loan terms to ensure that the sale is in your best interest. Commercial real estate laws are unique, and a mistake in the process could not only damage your sale, but also the business you’re running. A local attorney with knowledge of the ordinances and rules in your area can help you protect your interests.
2. There are technical complications with the property. Problems with zoning regulations, subleasing issues, title discrepancies, and contract interpretations can be hard to research on your own. A real estate attorney will give legal guidance and provide answers to these problems, ensuring that all the different pieces of the puzzle fit together.
3. You’re concerned about the terms of the deal. If there’s some language in the purchase document that troubles you, or you don’t understand the lingo in your mortgage agreement, you’ll likely need an attorney to look over your documents to clarify the terms for you.
4. You’ve completed a sale, but someone else is trying to claim title. In some cases, after you’ve completed the sale and think the property is now yours, someone else may try to declare they own the property because of a discrepancy in the paperwork. Or, there could be a cloud on title (title defect), unresolved mechanics liens, or even fraudulent liens. A real estate attorney can help you sort out these issues and protect the rights to your property.
5. You’re a landlord or renter and have a disagreement with the other party. Whether the problem is with the terms of the lease agreement or with the applicability of local landlord-tenant laws, legal conflicts around rentals can become very complicated. Real estate attorneys can assist in advising on and settling any issues between landlords and tenants, including clarifying local habitability laws or representing either party in an eviction case.

These are just some of the many ways a real estate attorney can keep you and your property protected. There are many other areas where real estate issues could arise, and having a qualified legal expert on your side can save you from major financial pitfalls.